No infringement in using similar prefixes by registered owners

Shatrunjay Bose, Student of law UPES, Dehradun The Bombay High Court stated that if two parties have registrated their trademarks using identical prefix, those parties can use the same for all its trading and miscellaneous purposes and the use is not limited for use by only one of the party While relying on the Trademarks Act, the court said use of such registered...

GOING BACK TO SQUARE ONE: SC shows red signal to Gay rights

Aastha Mehta In a thought-provoking judgment on Wednesday, Supreme Court of India describes homosexuals as “miniscule fraction” of the population, a term which has not gone too well with those who have been fighting to get a voice in the mainstream, starting from agencies working for Gay rights to NGOs, and the all those who were directly involved with...

Bombay High Court: Use of women-driven cabs at airport can ensure safety

Shruti Sethi The division bench of Justices V M Kanade and M S Sonak while hearing a petition filed by Stri Shakti Kendra, on 10th December 2013 remarked that encouraging women passengers landing at the airport late at night to use cabs driven by lady drivers could ensure their safety. Stri Shakti Kendra is a women cab service which operates at the city’s...

Married daughter receives job after her father’s expiry

Shatrunjay Bose, Student of law UPES, Dehradun The Bombay High court passed an important judgment regarding a married daughter’s equality for receiving a government job on the event of her father’s expiry. Previously jobs were only given to unmarried daughters whose father was a government servant but the same opportunity was denied for married daughters....

Supreme Court: Red beacon on cars only for ‘high dignitaries’

Shruti Sethi The Supreme Court on 10th December 2013 while hearing a petition related to withdrawal of VIP security of a person, which was later converted into a PIL by Uttar Pradesh resident Abhay Singh on misuse of red beacon said that red beacon lights on vehicles can only be used by people listed as “high dignitaries”, that too only when...

Government as a Contracting Party

Sibani Panda, Research Associate A Contract is an agreement enforceable by law which offers personal rights, and imposes personal obligations, which the law protects and enforces against the parties to an agreement. The general laws of contract is based on the conception, which the parties have, by an agreement, created legal rights and obligations, which...

Opportunity in Real Estate- Legal Team

Bennett, Coleman and Co. Ltd. (Times Group) are looking for Legal Experts in the Real Estate Domain with strong hands experience in Contracts (drafting, reviewing and vetting) , Business Advisory and Litigation. Applicants based in Mumbai with Law Firm Experience and domain expertise in Real Estate will be preferred. Required Qualifications Law graduate...

Group Legal Officer: Jindal Steel & Power Ltd. – Gurgaon, India

Job Description Evaluate the impact of evolving legal and statutory regulations on the organization’s current and proposed operations and investments and highlight the same and contribute to the business planning process Provide Organization with strategic and legal advice for policy formulation and proactively manage legal risks Guide the organization in interpretation of laws regarding all aspects...

Review of “State” under Article 12 of Constitution of India

Dr. Ravishankar K. Mor, Asst. Prof., Dept. of Law, Yeshwant Mahavidyalaya, Wardha Part III of the Constitution deals with Fundamental Rights which are the restrictions on the powers of the legislature, executive and judiciary, that no one can encroach upon the rights conferred under this part. In order to define the scope of these rights and the scope of...

Powers of the High Court in Arbitration

Prerna Khatri, Research Associate The Arbitration and Conciliation Act, 1996 is a comprehensive statute, consolidating and amending in nature and goes way beyond the scope of its predecessor enactment, The Act of 1940. It provides for domestic and international arbitration much in line with the law adopted by the United Nations Commission on International...

Analysis of the National Identification Authority of India Bill, 2010: Move for Better India

Aastha Mehta In a country like ours, wherein the citizens face plethora of problems in getting the benefits to which they are entitled to, Unique Identification Authority of India which was first introduced in January 2009, as an attached office of the Planning Commission, was a whiff of relief to such uneducated people from the laborious task of bringing...

Teachers can’t be compelled to work for census, says High Court

Ipsita Mishra The judges observed that the work of sixth economic census has no relation with the education. The petition was filed by a teacher who was employed in a school in Bhiwandi. He challenged the show cause notice that was issued to him by the Joint Census Commissioner. The corporation asked St Mary’s School, Vashi, to make 20 teachers available...

Transfer Pricing: Analysis of LG Electronics India Pvt Ltd Case

Devang Bhasin and Aishwarya Diwan1.  “The taxation of income from intangibles is perhaps the most important large case issue in the inter-company transfer pricing world today2.” An increasing number of multinational enterprises (hereinafter “MNE’s”) have been tapping the Indian market by offering their products through local affiliates. Due to...

Court ’s decision should be backed by reasoning

Ipsita Mishra The Supreme Court holds that reasons are the heart-beat of any judgment. To my mind there are four purposes for any judgment that is written: – clarity of thoughts; explanation of decision to the parties; communicate the reasons for the decision to the public; to provide reasons for a Court to consider The principle of natural justice...

Why India Needs to relook at its Foreign Policy

Aastha Mehta India, shares its boundaries with 7 countries, and yet does not have the best of foreign policy, a country situated so strategically should have. However, when it comes to have good foreign policy, one must always remember how our home turf has certain glaring administrative lacunas not to forget the absence of any formalized guidelines or legislation...

Doctors Must Be Dealt Strictly for Medical Negligence: Supreme Court

Ipsita Mishra The Supreme Court decided to award around Rs 11 crore as compensation to the plaintiff, Anuradha Saha Medical Negligence case. The compensation amount is highest in India till date. India’s healthcare sector is in poor shape. There has been a weak regulatory regime even. Thus patients are left at the mercy of a venal system with few alternatives....

The ‘Sweet Fate’ of Cadbury – Transfer Pricing Relief

Swarnim Srivastava On 27th November, 2013, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) relieved Cadbury India by setting aside the I-T Department’s transfer pricing order for royalty payments made by the company to its UK based parent. Income Tax Department had found that the rightful income of an Indian company was possibly being shipped...

Father-in-law can’t access phone records under RTI: High court

Ipsita Mishra Loopholes still surface with many of the fundamental concepts of the RTI even after 60 years of its implementation. Amongst many problems that persist, one of the major problems is about to what extents can person accesses another person’s information. According to section 2 (n) of the RTI Act, 2005, ‘third party’ means a person...

International Seabed Authority under the UN Convention on the Law of the Sea

Nivedita Saxena, Research Associate The oceans had long been subject to the freedom of the seas doctrine – a principle put forth in the seventeenth century essentially limiting national rights and jurisdiction over the oceans to a narrow belt of sea surrounding a nation’s coastline. The remainder of the seas was proclaimed to be free to all and...

Prevalence of Tort law in pursuance to the Environmental Problems and its Remedies

Shashank Sahay, Research Associate Damages and Injunction A plaintiff in a tort action may sue for damages or an injunction, or both. Damages Damages are the pecuniary compensation payable for the commission of a tort. Damages may be either ‘substantial’ or ‘exemplary’. Substantial damages are awarded to compensate the plaintiff for the wrong suffered....